(1)Elections are of two kinds,
general and special. A general election shall be held once each year in the month of
January, at a date, time, and place designated by the board. Any business requiring
or permitting a vote of the landowners may be transacted at the election, including
always the election of a board of directors for the ensuing year. A special election
may be called at any time by the board of directors by resolution duly passed and
entered of record in the minutes of the proceedings of the board. Notice of a
general election must call attention to the date and place of the election. In
addition, notice of a special election must state the nature of the business to be
transacted at the election, and no business shall be transacted at the special
election other than
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(1) Elections are of two kinds,
general and special. A general election shall be held once each year in the month of
January, at a date, time, and place designated by the board. Any business requiring
or permitting a vote of the landowners may be transacted at the election, including
always the election of a board of directors for the ensuing year. A special election
may be called at any time by the board of directors by resolution duly passed and
entered of record in the minutes of the proceedings of the board. Notice of a
general election must call attention to the date and place of the election. In
addition, notice of a special election must state the nature of the business to be
transacted at the election, and no business shall be transacted at the special
election other than that mentioned in the call. In either case, notice shall be
delivered electronically or by United States mail to each landowner of the district
who is qualified to vote in district elections at the landowner's last address as
shown by the records of the district at least thirty days prior to the date of the
election and also published once each week for four consecutive weeks
immediately preceding the election in a newspaper designated by the board and of
general circulation within the district.
(2) The following landowners who own agricultural land within a district are
entitled to vote at all district elections and at elections for a proposed district under
section 37-42-107:
(a) A landowner who is a natural person over the age of eighteen years, is a
citizen of the United States, is a resident of the state of Colorado, and has paid or is
obligated to pay property taxes upon real property located within the district for
the calendar year preceding the election;
(b) A landowner that is not a natural person and that has paid or is obligated
to pay property taxes upon real property located within the district for the calendar
year preceding the election. In order to vote at an election, the landowner must
authorize an agent who satisfies the residency and age requirements set forth in
subsection (2)(a) of this section to vote on its behalf at the election and must
provide written notice of the authorized agent to the district in a form satisfactory
to the district.
(3) The unit of voting power is one acre within a district or proposed district,
each landowner being entitled to cast as many votes as the landowner has acres of
land within the district or proposed district, and, in casting such votes, the
landowner may vote in person or by proxy. A district may establish in its bylaws,
rules, or regulations qualifications for persons acting as proxies. A person desiring
to act as proxy for another must file written authority therefor before being allowed
to vote, which authority:
(a) Shall be retained as part of the proceedings of the meeting at which the
vote is cast; and
(b) Is not valid at any other meeting.
(4) If the district is divided into precincts, a landowner is entitled to vote at
an election in the precinct where he or she resides or, if the landowner is not a
natural person or is a nonresident of the district, in the precinct within which the
greater portion of the landowner's land is located. The board of directors of the
district may order that the entire district constitutes one election precinct, in which
case the board shall establish one polling place in the precinct and shall appoint
only three judges of election, who constitute a board of election, and all qualified
voters voting at the election must vote at the polling place so established.
(5) As used in this section, agricultural land has the meaning set forth in
section 39-1-102 (1.6); except that agricultural land does not include any land that
has been platted or subdivided into residence or business lots.